An Ohio county prosecutor has filed an “indictment” against Punxsutawney Phil for “misrepresentation of early spring.”

Michael Gmoser said the groundhog committed an “unclassified felony” on Feb. 2 when he emerged from his burrow in Gobbler’s Knob and failed to see his shadow.

“Due to the aggravating circumstances” — including snow and record-low temperatures still being forecast — “the death penalty [should] be implemented to the defendant,” reads the indictment, filed yesterday in Butler County.

But Phil may beat the rap because he lives in a different state, Pennsylvania.

Gmoser predicted a difficult extradition fight to get the celebrated rodent to face justice in Ohio.